53-3-604 - Text of compact -- Party states to report traffic violations and exchange driving record information in home state of driver.
53-3-604. Text of compact -- Party states to report traffic violations and exchangedriving record information in home state of driver.
(1) The party states find that:
(a) The safety of their streets and highways is materially affected by the degree ofcompliance with state and local ordinances relating to the operation of motor vehicles.
(b) Violation of a law or ordinance relating to the operation of motor vehicles is evidencethat the violator engages in conduct that is likely to endanger the safety of persons and property.
(c) A license to drive is predicated upon compliance with laws and ordinances relating tothe operation of motor vehicles, in whichever jurisdiction the vehicle is operated.
(2) It is the policy of each of the party states to:
(a) promote compliance with the laws, ordinances, and administrative rules andregulations relating to the operation of motor vehicles by their operators in each of thejurisdictions where the operators drive motor vehicles; and
(b) make the reciprocal recognition of licenses to drive and eligibility for licenses morejust and equitable by considering the over-all compliance with motor vehicle laws, ordinances,and administrative rules and regulations as a condition precedent to renewing a licenseauthorizing or permitting operation of a motor vehicle in any of the party states.
As used in this compact:
(1) "State" means a state, territory, or possession of the United States, the District ofColumbia, or the Commonwealth of Puerto Rico.
(2) "Home state" means the state that has issued and has the power to suspend or revokethe use of the license or permit to operate a motor vehicle.
(3) "Conviction" means a conviction of any offense related to the use or operation of amotor vehicle that is prohibited by state law, municipal ordinance, or administrative rule orregulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by aperson charged with having committed any offense, and which conviction or forfeiture is requiredto be reported to the licensing authority.
(1) The licensing authority of a party state shall report each conviction of a person fromanother party state occurring within its jurisdiction to the licensing authority of the home state ofthe licensee.
(2) The report shall clearly:
(a) identify the person convicted;
(b) describe the violation specifying the section of the statute, code, or ordinance violated;
(c) identify the court in which action was taken;
(d) indicate whether a plea of guilty or not guilty was entered, or the conviction was aresult of the forfeiture of bail, bond, or other security; and
(e) include any special findings made in connection with the conviction.
(1) The licensing authority in the home state, for the purposes of suspension, revocation,or limitation of the license to operate a motor vehicle, shall give the same effect to the conductreported, pursuant to Article III of this compact, as it would if the conduct had occurred in thehome state, in the case of convictions for:
(a) manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(b) driving a motor vehicle while under the influence of intoxicating liquor or a narcoticdrug, or under the influence of any other drug to a degree that renders the driver incapable ofsafely driving a motor vehicle;
(c) any felony in the commission of which a motor vehicle is used; and
(d) failure to stop and render aid in the event of a motor vehicle accident resulting in thedeath or personal injury of another.
(2) As to other convictions, reported pursuant to Article III, the licensing authority in thehome state shall give the same effect to the conduct as provided by laws of the home state.
(3) If the laws of a party state do not provide for offenses or violations denominated ordescribed in precisely the words employed in Subsection (1) of this article, the party state shallconstrue the denominations and descriptions appearing in Subsection (1) as applying to andidentifying those offenses or violations of a substantially similar nature and the laws of the partystate shall contain provisions as necessary to ensure that full force and effect is given in thisarticle.
(1) Upon application for a license to drive, the licensing authority in a party state shallascertain whether the applicant has ever held, or is the holder of a license to drive issued by anyother party state.
(2) The licensing authority in the state where application is made shall not issue a licenseto drive to the applicant if the applicant:
(a) has held a license, but the license has been suspended by reason, in whole or in part,of a violation and if the suspension period has not terminated;
(b) has held a license, but the license has been revoked by reason, in whole or in part, of aviolation and if the revocation has not terminated, except that after the expiration of one year fromthe date the license was revoked, the person may make application for a new license if permittedby law, which the authority may refuse to issue if, after investigation, the licensing authoritydetermines that it will not be safe to grant to the person the privilege of driving a motor vehicle onthe public highways; or
(c) is the holder of a license to drive issued by another party state and currently in forceunless the applicant surrenders the license.
Except as expressly required by this compact, nothing in this part affects the right of anyparty state to apply any of its other laws relating to licenses to drive to any person orcircumstance, or invalidates or prevents any driver license agreement or other cooperativearrangement between a party state and a nonparty state.
(1) (a) The head of the licensing authority of each party state is the administrator of thiscompact for his state.
(b) The administrators, acting jointly have the power to formulate all necessary andproper procedures for the exchange of information under this compact.
(2) The administrator of each party state shall furnish to the administrator of each otherparty state any information or documents reasonably necessary to facilitate the administration ofthis compact.
(1) This compact shall enter into force and become effective as to any state when it hasenacted the compact into law.
(2) Any party state may withdraw from this compact by enacting a statute repealing thecompact, but no withdrawal takes effect until six months after the executive head of thewithdrawing state has given notice of the withdrawal to the executive heads of all other partystates.
(3) A withdrawal may not affect the validity or applicability by the licensing authoritiesof states remaining party to the compact of any report of conviction occurring prior to thewithdrawal.
(1) This compact shall be liberally construed to effectuate the purposes of the compact.
(2) The provisions of this compact are severable and if any phrase, clause, sentence, orprovision of this compact is declared to be contrary to the constitution of any party state or of theUnited States or the applicability of the compact to any government, agency, person, orcircumstance is held invalid, the validity of the remainder of this compact and the applicabilitythereof to any government, agency, person, or circumstance is not affected by the holding.
(3) If this compact is held contrary to the constitution of any party state, the compactremains in full force and effect as to the remaining states and in full force and effect as to the stateaffected as to all severable matters.
Renumbered and Amended by Chapter 234, 1993 General Session